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ROCEEDINCJS 



OF A 

CONVENTION OF DELEGATES, 

FROM THE STATES OF 

ASSACHUSETTS— CONNECTICUT AND RHODE-ISLAND; 
THE COUNTIES OF CHESHIRE AND GRAFTON, IN THE 
STATE OF NEW-HAMPSHIRE; AND THE COUNTY 
OF WINDHAM, IN THE STATE OF VERMONT. 

CONVENED AT HARTFORD, 
IN THE STATE OF CONNfXTirTJ T. 

DECEMBKJt 13, 1811. 




^-^.^NGTOH, 5 




KEWBURYPORT : 

PRINTED «Y WILLIAM B. ALLEN & (.0. 

Anil for Sale at the Xcwburj-povt liooli Store 

So. 13, Carnldil. 

I SI. 5. 



okA^1 



IIEI'OIIT, &c. 

I The Delegates from the Legislature fi of the States of Mas- 

' SHchitsetts, Cunui'cticut, mid Rlwde-hbivd, and from the Couniies of 

Grafton and Cheshire in the Stnte of,Xe<x--lIan<pshire, and the Count ^f 

Ivf H'indham in the State of J'ermant, assfinl/led in Convention, fc?^' 
leave to report the fulloicin^ result of their conference. 

THE Convention is deeply impressed w iUi a sense of 
the arduous nature of the commission whicli they were ap- 
' pointed to execute, of devising the means of defence against 
. dangers, and of relief from oppressions proceeding from the 
J acts of their own Government, Avit'.iont violating eonstitu- 
:.1i :)nnl principles, or disappointing the hopes of a suifering 
and injured people. To prescribe patience and firmness to 
those who are already exhausted by distress, is sometimes 
to drive them to despair, and the progress towards reform 
by the regular road, is irksome to tliose Mliose imaginations 
discern, and whose feelings prompt, to a sliorter course. — 
Uut when abuses, reduced to system and accumulated 
through a course of years, have pervaded every department 
of (government, and spread corruption through every region 
of the State ; when these are clotlied with the forms of law, 
and enforced by an executive Avhose will is their source, no 
summary means of relief can be applied without recourse io 
direct and open resistance. This experiment, even when 
justifiable, cannot fail to be painful to the good citizen ; and 
, the success of tlic effort will be no security against the dan- 
I ger of the example. Precedents of resistance to the v>'orst 
administration, are eagerly seized by those v/ho are natural- 
ly liostile to the best. Necessity alone can sanction a re- 
sort to this measure ; and it should never be extended la 
duration or degree l)cyond the exigency, until the people, 
not merely in the fervour of sudden excitement, but after 
full delii)eration, arc determined to change the Constitution. 
It is a truth, I'.ot to be concealed, that a sentiment pre- 
vails to no inconsidei'able extent, that Administration have 
given such constructions to that instrument, and practised so 
many abuses under colour of its authority, that the time for 
a change is at liand. Tliose who so beliave, I'egard the e- 
Ivils which surround them as intrinsic and incurable defect'? 



in tlic cousUtulion. They yield to a persuasion, that no 
change, at any time, or on any occasion, can aggravate the 
misery of their country. This opinion may ultimately 
prove to l)c correct. But as the evidence on which it rests 
is not yet conclusive, and as measures adopted upon the as- 
sumption of its certainty might be irrevocable, some general 
considerations are submitted, in the hope of reconciling all 
to a course of moderation and firmness, which may save 
(hem from the regret incident to sudden decisions, probably 
avert the ovil, or at least insure consolation and success in 
the last resort. 

The Constitution of the United States under the auspices 
of a wise and virtuous Administration, proved itself compe- 
tent to all the objects of national prosperity, comprehended 
in tlie views of its framers. — No parrallel can be found in 
liistory, of a transition so rapid as that of the United States 
from tlie lowest depression to the highest felicity — from the 
couflition of weak and disjointed republics, to tliat of a 
great, united, and prosperous nation. 

Although this high state of public happiness has under- 
gone a miserable and afflicting reverse, through the preva- i 
lence of a weak and proiligatc policy, yet the evils and af- 
ilietions Avhich have thus been induced upon the country, 
a're not peculiar to any form of Government. The lust 
and caprice of power, the corruption of patronage, the op- 
pression of tlie weaker interests of the community by the 
stronger, heavy taxes, wasteful expenditures, and unjust 
aadruinons wars, are the natural offspring of bad Adminis- 
trations, in all ages and countries. It was indeed to be 
hoped, that the rulers of these States would not make such 
disasterous haste to involve their infancy in the embarrass- 
raeuls of old and rotten institutions. Yet all this liave they 
done : and their conduct calls loudly for their dismissioni 
and disgrace. 15ut to attempt upon every abuse of pow er to; 
change the Constitution, would be to perpetuate tlie evils of 
revolution. 

Again, the experiment of the pov.crs of the Constitution, 
to regain its vigor, and of the people to recover from tiieir 
delusions, has been liitlierto made under tlie greatest possiblei 
disadvantages arising from the state of the world. The 
Jierce passions Avhich have convulsed the nations of Europe, 
liavc passed the Ocean, and finding their way to the: bosoms 



of oiu- citizens, have afforded to Administration the mean^ 
of pcrvci'tiiig public opinion, in respect to our f(neii;;n rela- 
tions, so as to acquire its aid in the indul2;eucc of their ani- 
mosities, and the increase of their adherents. Fnrtlier, a re- 
formation of public opinion, resultins; from dear boui^lit ex- 
perience, in the Southern Atlantic States, at least, is not to 
be despaired of. They will have felt, that the Eastern 
States cannot be made exclusively the victims of a capri- 
cious and impassioned policy. They will liave seen that 
the great and essential interests of the people, are common 
to the South and to tlie East. 

They Avill realize the fatal errors of a system, which 
seeks revenge for commercial injuries in the sacriiice of 
commerce, and aggravates by needless wars, to an immea- 
surable extent, the injuries it professes to redress. They 
may discard the influence of visionary tiieorists, and recog- 
nise the benefits of a practical policy. Indications of this 
desirable revolution of opinion, among our brethren in those 
States, are already manifested. While a hope remains of 
its ultimate completion, its progress should not be retarded 
or stopped, by exciting fears which must check these favor- 
able tendencies, and frustrate the efforts of the wisest and 
best men in those states, to accelerate the propitious change- 
Finally, if tlie Union be destined to dissolution, by rea- 
son of the multiplied abuses of bad administrations, it should, 
if possible, be the work of peaceable times, and deliberate 
consent. — Some new form of confederacy should be substi- 
tuted among those States, which shall intend to maintain a 
federal relation to each other. — Events may ])rove that tlio 
causes of our calamities are deep and permanent. Thoy may 
be found to proceed, not merely from the blindness of preju- 
dice, pride of opinion, violence of party spirit, or the confu- 
sion of the times ; 1)ut they may be traced to implacable com- 
binations of individuals, or of States, to monopolize power 
and office, and to trample without remorse iipon the rights 
and interests of commercial sections of the Union. When- 
ever it shall appear that these causes are radical and perma- 
nent, a separation by equitable arrangement, will be prcfer- 
eral)le to an alliance l)y constraint, among nominal friends, 
l)ut real enemies, iuilamed l)y mutual hatred and jealousies, 
and inviting by intestine divisions, contempt, and aggression 
.from abroad. But a scverauce of the laiion bv one or m'or^ 



states, against tlie will of the rest, and especially iu a time 
of war, can be justified only by absolute necessity. These 
arc among the principal objections against precipitate mea- 
sures tending to disunite the States, and when examined in 
connection with the farewell address of the Father of his 
country, they must, it is believed, be deemed conclusive. 

Under these impressions, the Convention have proceeded 
to confer and deliberate upon the alarming state of public af- 
fairs, especially, as affecting the interests of the people wlio 
have appointed them for this purpose, and they are natural- 
ly led to a consideration, in the first place, of the dangers and 
grievances wliich menace an immediate or speedy pressure, 
with a view of suggesting means of present relief ; in the next 
place, of such as are of a more remote and general descrip- 
tion, in the hope of attaining future security. 

Among the subjects of complaint and apprehension, which 
might be compinsed under the former of these propositions, 
the attention of tlie Convention has been occupied with the 
claims and pretentions advanced, and the authority exercis- 
ed over the militia, by the executive and legislative depart- 
ments of the National CTOvernment. Also, upon the desti- 
tution of the means of defence in which the Eastern States 
are left ; Avhile at the same time they are doomed to heavy 
requisitions of men and money for national objects. 

The authority of the National Government over the mili- 
tia is derived from those clauses in the Constitution which 
give power to Congress " to provide for calling forth the mi- 
litia to execute the laws of the Union, suppress insurrections 
and I'epel invasions" — Also "-to provide for organizing, arm- 
ing and disciplining the militia, and for governing such parts 
of them as may be employed in the service of the United 
States, reserving to the States respectively the appointment 
of the ofiicers, and tiie authority of training the militia ac- 
cording to the discipline prescribed by Congress."' Again, 
'•The President sliall be commander iu Chief of the army 
and navy of the United States, and of the militia of the sev- 
eral States, when called into the actual service of the United 
States." In these specified cases only, has the National 
(rovernment any power over the militia ; and it follov/s con- 
clusively, that for all general raid ordinary purposes, this 
])ower belongs to the States respectively, and to them alone. 
It is not only Avith regret, but with astonishment, the Con- 



\ outiou perceive that under colour of an authority conferred 
"vvith such plain and precise limitations, a power is arrogat- 
ed by the executive government, and in some instances sanc- 
tioned by the tw Houses of Congress, of controul over the 
militia, which if conceded, will render nugatory the rightful 
authority of the individual States over that class of men, and 
by placing at the disposal of the National Government the 
lives and services of the great body of the people, enable it 
at pleasure to destroy their liberties, and erect a military 
despotism on the ruins. 

An elaborate examination of the principles assumed for tlic 
basis of these extravagant pretensions, of the consequences 
to wliich they lead, and of the insurmountable objections to 
their admission, would transcend the limits of this Report. 
A few general observations, with an exhibition of the char- 
acter of these pretensions, and a recommendation of a stren- 
uous opposition to them, must not however be omitted. 

] t will not be contended that by the terms used in the 
constitutional compact, the power of the National Govern- 
ment to call out the militia is other than a power expressly 
limited to three cases. One of these must exist as a condi- 
tion precedent to the exercise of that power — Unless the 
laws shall be opposed, or an insurrection shall exist, or an 
invasion shall be made. Congress, and of consequence the 
President as their organ, has no more power over the militia 
than over the armies of a foreign nation. 

Eut if the declaration of the President should be admitted 
to be an unerring test of the existence of these cases, this 
important power would depend, not upon the truth of the 
fact, but upon executive inlallibility. And the limitation of 
the povrer would consequently be nothing more than merely 
nominal, as it might always be eluded. It follows there- 
fore that the decision of the President in this particular can- 
not be conclusive. It is as much the duty of the State au- 
thorities to watch over the rights reserved, as of the United 
States to exercise the powers which are ddegated. 

The arrangement of the United States into military dis- 
tricts, with a small portion of the regular force, under an of- 
ficer of Iiigh rank of the standing army, Avith power to call 
for the militia, as circumstances in his judgment may rc- 
qiiire ; and to assume the command of them, is not warrant- 
ed by the Consiitution or anv law of the United States. It 



8 

is not denied that Congress may delegate to the President 
of the United States the power to call forth the luiliiia in 
the cases which are within tlieir jurisdiction. But he has 
no authority to suhstitute military prefects throughout the 
Union, to use their oAvn discretion in such instances. To 
station an officer of the army in a military district without 
troops corresponding to his rank, for the purpose of taking 
command of the militia that may be called into service, is a 
manifest evasion of that provision of the Constitution which 
expressly reserves to the States the appointment of the offi- 
cers of the militia, and the object of detaching such officer 
cannot be well conceived to be any other than that of super- 
seding the Governor or other officers of the militia in their 
right to command. 

The power of dividing the militia of the states into classes 
and obliging such classes to furnish by contract or draft, 
able bodied men, to serve for one or more years for the de- 
fence of the frontier, is not delegated to Congress. If a 
claim to draft the militia for one year for such general object 
be admissible, no limitation can be assigned to ib, but the dis- 
cretion of those who make the law. Thus with a power in 
Congress to authorise such a draft or conscription, and in 
the Executive to decide conclusively upon the existence 
and continuance of the emergency, the whole' militia may be 
converted into a stjinding army disposable at the will of the 
President of the United States. 

The power of compelling the militia and other citizens 
of the United States by a forcible draft or conscription to 
serve in the regular armies as proposed in a late official let- 
ter of the Secretary of War, is not delegated to Congress by 
the Constitution, and the exercise of it would be not less 
dangerous to their liberties, than hostile to the sovereignty 
of the States. The elFort to deduce this power from the 
right of raising armies, is a flrjigrant attempt to pervert 
the sense of the clause in the Constitution which confers that 
right, and is incompatible with other provisions in that in- 
strument. The armies of the United States have always 
been raised by contract, never by conscription, and nothing 
more can be wanting to a Government possessing the power 
tlius claimed to enable it to usurp the entire controul of tiie 
militia, in derogation of tlie authority of the State, and to 
convert it by impressment into a standing army. 



9 

It may bie here remavked, as a circumstance illustrative of 
the (leterniination of the Executive to establish an absolute 
controul over all descriptions of citizens, that the right of 
impressing seamen into the naval service is expressly as- 
serted by the secretary of the Navy in a late report. 
Thus a practice which in a foreign government has been re- 
garded with great abhorrence by the people, finds advo- 
cates among those who have been the loudest to condemn it. 
The law authorising the enlistments of minors and ap- 
prentices into the armies of the United States, without the 
consent of parents and guardians, is also repugnant to the 
spirit of the Constitution. By a construction of the power 
to raise armies, as applied by our present rulers, not only 
persons capable of contracting are liable to be impressed 
into the army, but those who are under legal disabilities to 
make contracts, are to be invested with this capacity, in or- 
der to enable them to annul at pleasure contracts made ia 
their behalf by legal guardians. Such an interference with 
the municipal laws and rights of the several states, could 
never have been contemplated by the framers of the Con- 
stitution. It impairs the salutary controul and influence of 
the parent over his child — the master over his servant — the 
guardian over his ward — and thus destroys the most impor- 
tant relations in society, so that by the conscription of the 
father and the seduction of the son, the power of the exe- 
cutive over all the effective male population of the United 
States is made complete. 

Such are some of the odious features of the novel 
system proposed by the rulers of a free country, under the 
limited powers derived from the Constitution. What por- 
tion of tliem will be embraced in acts finally to be passed, 
it is yet impossible to determine. It is, however, sufficient- 
ly alarming to perceive, that these projects emanate from the 
highest authority, nor should it be forgotten, that by t!ie 
plan of the Secretary of War, the classification of the mili- 
tia embraced the principle of direct taxation upon the white 
population only ; and that, in the House of Representatives, 
a motion to apportion the militia among the white popula- 
tion exclusively, which would have been in its operation a 
direct tax, Avas strenuously urged and supported. 

In this whole series of devices and measures for raising 
men, this Convention discern a total disregard for the Cou- 

B 



10 

stitution, and a disposition to violate its provisions, demand- 
ing from the individual States a firm and decided opposition. 
An iron despotism can impose no harder servitude upon the 
citizen, tlian to force him from his home and his occupation, 
to wage offensive war, undertaken to gratify the pride or 
passions of his master. The example of France has 
recently shewn that a cabal of individuals assuming to act 
in the name of the people, may transform the great body of I 
citizens into soldiers, and deliver them over into the hands 
of a single tyrant. No war, not held in just abhorrence by a 
people, can require the aid of such stratagems to recruit an 
army. Had the troops already raised, and in great numbers 
sacrified upor, the frontier of Canada, been employed for 
the defence of tlie country, and had the millions which have 
been squandered with shameless profusioH, been appropri- 
ated to their payment, to the protection of the coast, and to 
the naval service, theii* would have been no occasion for un- 
constitutional expedients. Even at this late hour let Grovern- 
ment leave to New^-Englmd the remnant of her resources, 
and she is ready and able to defend her territory, and to resign 
the glories and advantages of the border war, to tliose 
who are determined to persist in its prosecution. 

That acts of Congress in violation of the Constitution are 
absolutely void, is an undeniable position. It does not, 
however, consist with the respect and forbearance due from 
a confederate state towards the General Goveiniment, to fly 
to open resistance upon every infraction of the Constitution. 
The mode and the energy of the opposition, should always 
conform to the nature of the violation, the intention of its 
authors, the extent of the injury inflicted, the determina- 
tion manifested to persist in it, and the danger of delay. 
But in CDses of deliberate, dangerous, and palpable infrac- 
tions of the Constitution, affecting the sovereignty of a 
State, and liberties of the people : it is not only the right 
but t!ic duty of such a State to interpose its authority for 
tiieir protection, in the manner best calculated to secure that 
cud. When emergencies occur w hich are either beyond 
tlie reacli of tlie judicial tril)unals, or too pressing to admit 
of the delay incident to their forms, States which have no 
common umpire, must be their own judges, and execute 
their own decisions. It will thus be proper for the several 
States to await the ultimate disi)osal of fue obnoxious mea- 



aiires recommandert by the Secretary of War, or pcndiirg 
before Congress, and so to use their power accordini; to the 
character these measures shall fiually assume, as eilectually 
to protect their own sovereignty, and the x-ights and liber- 
ties of their citizens. 

Th« next subject which has occupied the attention of the 
Convention, is the means of defence against the common 
enemy. — This naturally leads to the enquiries, whether 
any expectation can be reasonably entertained, that ade- 
quate provisiou for tlie deffuce of the Eastern States will 
be made by the National Government? Whether the sev- 
eral States can. from their own resources, provide for self- 
defence and fulfil the requisitions which are to be expected 
for the national Treasury ? and, generally, what course of 
conuuct ou-^lit to be adopted by those States, iu relation to 
the great object of defence ? 

VVitbout pausing at present to comment upon the causes 
of the war, it may be assumed as a truth, officially announc- 
ed, that to achieve the couquest of Canadian territory, and 
to hold it as a pledge for peace, is the deliberate purpose of 
administration. This enterprize commenced at a period 
when Government possessed the advantage of selecting the 
time and occasion for making a sudden descent upon an un- 
prepared enemy, now languishes in the third year of the 
war. It has been prosecuted with various fortune, and oc- 
casional brilliancy of exploit, but without any solid acqui- 
sition. The British armies have been recruited by veteran 
regiments. Their navy commands Ontario. The Ameri- 
can ranks are thinned l)y the casualties of war. Recruits 
are discouraged by the unpopular character of the contest, 
and by the uncertainty of receiving their pay. 

In the prosecution of this favorite warfare. Administra- 
tion have left tae exposed and vulnerable parts of the coun- 
try destitute of all efficient means of defeuce. — The main 
body of the regular army has been marched to the frontier. 
— The navy has been stripped of a great part of its sailors 
for the service of the Lakes. Meanwhile the enemy scours 
the sea coast, blockades our ports, ascends our bays and 
rivers, makes actual descents in various and distant places, 
holds some by force, and threatens all that are assailable, 
with fire and sword. The sea-board of four of tlie New- 
England States, following its curvatures, presents an extent 



IS 

of more than seven hundred miles, generally occupied by a 
compact population, and accessible by a naval force, expo- 
sing a mass of people and property to the devastation of the 
enemy, which bears a great proportion to tl)e residue of the 
maritime frontier of the United States. This extensive 
shore has been exposed to frequent attacks, repeated con- 
tributions, and constant alarms. The regular forces de- 
tached by the national Government for its defence, are 
mere pretexts for placing officers of high rank in command. 
They are besides confined to a few places, and are too insig- 
nificant in number to be included in any computation. 

These States have thus been left to adopt measures for 
their own defence. The militia have been constantly kept 
on thealei't, andharrassedby garrison duties, and other hard- 
ships, while the expences, of Avhichthe National Government 
decline the reimbursement, threaten to absorb all the resour- 
ces of the States. The President of the United States has 
refused to consider the expense of the militia detached by 
State authority, for the indispensable defence of the State, 
as chargeable to the Union, on the ground of a refusal by 
the Executive of the State, to place them under the com- 
mand of officers of the regular army. Detachments of mili- 
tia placed at the disposal of the General Government, have 
been dismissed either M'ithout pay, or with depreciated pa- 
per. The prospect of the ensuing campaign is not enliven- 
ed by the promise of any alleviation of these grievances. 
From authentic documents, extorted by necessity from those 
whose inclinations might lead them to conceal the embar- 
rassments of the Government, it is apparent that the treasu- 
ry is bankrupt, and its credit prostrate. So deplorable is 
the state of the finances, that those who feel for the hon- 
or and safety of the country, would be willing to conceal the 
melancholy spectacle, if those whose infatuation has pro- 
duced this state of fiscal concerns, had not found themselves 
compelled to unveil it to public view. 

If the war be continued, there appears no room for reli- 
ance upon the national government for the supply of those 
means of defence, which must become indispensable to se- 
cure these states from desolation and ruin. Nor is it possi- 
ble that the States can discharge this sacred duty from their 
own resources, and continue to sustain the burden of the na- 
tional taxes. The Administration, after a long persever- 



lo 



aiice in plans to baffle every effort of commercial enterprize, 
had fatally succeeiled in tlicir attempts at the epoch of tlie 
war. Commerce the vital spring of New- England's pros- 
perity, was annihilated. Embargoes, restrictions, and the 
rapacity of revenue officers, had completed its destrnction. 
The various objects for the employment of productive la- 
bour, in the branches of business dependent on commerce, 
have disappeared. The fisheries have shared its fate. Man- 
ufactures, which Government has professed an intention to 
favour and to cherish, as an indemnity for the failure of these 
branches of business, are doomed to struggle in their infan- 
cy with taxes and obstructions, which cannot fail most se- 
riously to affect their growth. The specie is withdrawn 
from circulation. The landed interest, the last to feel these 
burdens, must prepare to become their principal support, as 
all other sources of revenue must be exhausted. Under these 
circumstances, taxes of a description and amount unprece- 
dented in this country, are in a train of imposition, the bur- 
den of which must fall Avith tiie heaviest pressure upon the 
States east of the Potomac. The amount of these taxes for 
the ensuing year, cannot be estimated at less than five mil- 
lions of dollars upon the New-England States, and the ex- 
pence of the last year for defence, in Massachusetts alone, 
approaches to one million of dollars. 

From these facts, it is almost superfluous to state the ir- 
resistable inference that these States have no capacity of 
defraying the expense requisite for their own protactiou, 
and, at the same time, discharging the demands of the na- 
tional treasury. 

The last inquiry, what course of conduct ought to be a- 
dopted by the aggrieved States, is in a high degree momen- 
tous. When a great and brave people shall feel themselves 
deserted by their Government, and reduced to the necessity 
either of submission to a foreign enemy, or of appropriating 
to their own use those means of defence which are indis- 
pensable to self-preservation, they cannot consent to wait 
passive spectators of approaching ruin, which it is in their 
power to avert, and to resign the last remnant of their indus- 
trious earnings, to be dissipated in support of measures des- 
tructive of the best interests of the nation. 

This Convention will not trust tl.emselves to exjiress their oonvictioii 
of tlie catastrophe to which such a state of things inevitably tend 



Conscious of their high responsibilily to God and their country, solici- 
tous l'»r the continuance of the Union, as well as the sovereignty of the 
btates, unwilling to furnish obstacles to peace — resolute never to submit 
to a foreign enemy, and confiding in the Divine care and protection, they 
will, until the last hope shall be extinguished, endeavour to avert such 
consequences. 

With this view, they suggest an arrangement, which may at once be 
consistent with the honor and interest of the National Government, and 
the security of these States. This it will not be difficult to conclude if 
that gov't sjiould be so disposed. By the terras of it these States might 
be allowed to assume their own defence by the militia or other troops. 
A reasonable portion, also, of the taxes raised in each State might be 
paid into its treasury, and crediteil to the United States, but to be ap- 
propriated to the defence of such State, to be accounted for with the U- 
niled States. No doubt is entertained that by such an arrangement, 
this por.'ion of the country could be defended with greater effect, and in 
a mode more consistent with economy, and the public convenience, than 
any which has been practised. 

Should an application for these purposes, made to Congress by the 
State Legislatures, be attended with success, and should peace upon just 
terms appear to be unattainable, the peop4e would stand together for the 
common defence, until a change of adiiiinistratiou, or of disposition in 
the enemy, should facilitate the occurrence of that auspicious event. 
It would be inexpedient for this Convention to .diminish the hope of a 
successful issue to such an application, by recommending, upon suppo- 
sition of a contrary event, ulterior proceedings. Nor is it indeed with- 
in their province. In a state of things so solemn and trying as may then 
arise, the Ijcgislaturcs of the States, or Conventions of the whole peuple, 
or delegates appointed by them for the express purpose in another Con- 
vention, must act as such urgent circumstances may then require. 

But the duty incumbent on this Convention will not have been per- 
formed, without exhibiting some genera! view, of such measures as they 
may deem essential to secure the nation against a relapse into difficul- 
ties and dangers, should they, by the ble^singof Providence, escape from 
tlieir present condition, without absolute ruiii. To this end a concise 
retrospect of the state of this nation under the advantages of a wise ad- 
ministration, contrasted with the miserble abyss into which it is plunged 
by the profligacy and folly of political theorists, will lead to soiae prac- 
tical conclusions. On this subject, it will he recollected, that the im- 
mediate influence of the Federal Constitution upon its first adoption, 
and for twelve succeeding years, upon the prosperity and happiness of 
the nation, seemed to sountenanee a belief in the transcendancy of its 
perfection over all other human institutions. In the catalogue of bles- 
sings which have fallen to the lot of the most favoured nations, none 
could be enumerated from which our country was eluded — A free Con- 
stitution, administered by great and incorruptible statesmen, realized 
the fondest hopes of liberty and independence — The progress of agricul- 
ture was stimulated by tlie certainty of value in the harvest — and com- 
merce, after traversing every sea, returned with the riches of every 
pliine — A revenue, secured by a sense of honour, eolieeted wiliiout op- 
pression, and paid without murmurs, melted away the national debt ; 
and the chief concern of the public creditor arose from its too rapd dim- 



15 

iuution — The wars and commotions of the Euro])oan nations, and the in- 
terruptions of their commercial intercourse, atfmded to those ^vho had 
not promised, but who would have rejoiced to alleviate their calamities, 
a fair and golden opportunity, by enriching themselves, to lay a liroud 
foundation for national wealth. Ailliougli occasional vexatious to com- 
merce arose from the furious collisions of the powers at war, yet the 
great and good men of that time conformed to the force of circumstances 
which they could not control, and preser\ed their country in security 
from the tempests which overwhelmed tlie old world, and threw the 
wreck of their fortunes on tliese shores — Respect abroad, prosperity at 
home, wise laws made by honoured legislators, find pron!|)t obedience 
yielded by a contented people, had silenced the enemies of republican in- 
stitutions — The arts flourished — the sciences were cultivated — the com- 
forts and conveniences of life were universally diflused — and nothing re- 
mained for succeeding administrations, but to reap the advantages, and 
cherish the resources flowing from the policy of their predecessors. 

But no sooner was a new administration established in the hands of 
the party opposed to the AVashington policy, than a fixed determination 
was perceived and avowed of changing a system which liad already 
produced these substantial fruits. The consequences of this change, for 
a few years after its commencement, were not suflicient to eonnteract 
the prodigious impulse towards prosperi(y which had been given to the 
nation. But a steady perseverance in the new plans of administration, 
at length developed their weakness and deformity, but nut until a ma- 
jority of the people had been deceived by flattery, and inflamed by pas- 
sion, into blindness to their defects. Under the M'itheiing influence of 
this new system, the declension of the nation had been uniform and rap- 
id. The richest advantages for securing the great objects of the Con- 
stitution have been wantonly rejected — While Europe reposes from the 
convulsions that had shaken dowu her ancient institutions, she beholds 
with amazement this remote country, once so happy and so envied, in- 
volved in a ruinous war, and excluded from intercourse with flie rest of 
the world. 

To investigate and explain the means whereby this fatal reverse has 
been efteeted, would require a voluminous discussion. Nothing more 
can be attempted in this report, than a general allusion to the principal 
outlines of the policy which has produced this vicissitude. Among 
these may be enamerated 

First. — A deliberate and extensive system for efteeting a combination 
among certain states, by exciting local jealousies and ambition, so as to 
secure to popular leaders in one section of the union, the control of pub- 
lic affairs in perpetual succession. To which primary object most other 
characteristics of the system may be reconciled. 

Secondly. — The political intolerance displayed and avowed, in excluding 
from office men of unexceptionable merit, for want of adherence to the 
executive creed. 

Thirdly. — the infraction of the judiciary nulhority and rights, by de- 
priving judges of their offices in violation plltlie Constitution. 

Fourthly. — The abolition of existing Taxes, requisite to prepare the 
Countiy for those changes to which nations are always exposed, with a 
view to tlie acquisition of popular favor. 

Fifthly. — T.'ie influence of patronage in the distribution of offices, 



16 

•which ill these states has been almost invariably made iiinong men the 
least entitled to such distinction, and wlio have sold themselves as ready 
instrnmeuts for distracting public opinion, and encouraging administra- 
tion to hold in contempt the wishes and remonstrances of a people thus 
ap])arent!y divided. 

Si.vtidi/. — The admission of new states into the Union, formed at plea- 
sure in tlie western region, has destroyed the balance of power which 
existed among the original states, and deeply aft'ected their interest. 

Seventhly. — The easy admission of naturalized foreigners to places of 
trust, honor or profit, operating as an inducement to the malcontent sub- 
jects of the old world (o come lo these states in quest of executive pat- 
ronage, and to repay it by an abject devotion to executive measures. 

Eighthhj — Hostility to Great Britain, and partiality to the late govern- 
ment of France, adopted as coincident with popular prejudice, and sub- 
servient to the main ol)ject, party power. — Connected with these must 
be ranked erroneous and distorted estimates of the power and resourses 
of those nations, of the probable results of their controversies, and of our 
political relations to them respectively. 

Lastly and principally. — A visionary and superficial theory in regard 
to commerce, accompanied by a real hivtred but a feigned regard to its 
interests, and a ruinous perseverance in efforts to render it an instru- 
ment of coercion and w ar. 

But it is not conceivable that the obliquity of any administration could, 
in so short a period, have so nearly consummated the work of national 
ruin, unless favoured by defects in the Constitution. 

To enumerate all the improvements of which that instrument is sus- 
ceptible, and to propose such amendments as might render it in all re- 
spects perfect, would be a task which this Convention has not thought 
proper to assume. — They have confined their attention to such as exper- 
ience has demonstrated to be essential, and even among these, some are 
considered entitled to a more serious attention than others. They are 
suggested without any intentional disrespect to other States, and are 
meant to be such as all shall find an interest in promoting. Their object 
is to strengthen, and if possible to perpetuate, the Union of the States, 
by removing the grounds of existing jealousies, and providing for a fair 
and equal representation and a limitation of powers, which have been 
misused. 

The first amendment proposed, relates to the apportionment of Repre- 
sentatives among the slave holding States. This cannot be claimed as 
a right. Those States are entitled to the slave representation, liy a con- 
stitutional compact. — It is therefore merely a subject of agreement, which 
should be conducted upon principles of mutual interest and accommoda- 
tion, and upon which no sensibility on either side should be permitted to 
exist. It has proved unjust and unequal in its operation. Had this ef- 
fect been foreseen, the privilege would probably not have been deniand- 
ed, certainly not conceded. — Its tendency in future will be adverse to 
that harmony and mutual confidence, which are more conducive to the 
happiness and prosperity of every confederated State, than a mere pre- 
ponderance of power, the prolific source of jealousies and controversy, 
can be to any one of them. The lime may therefore arrive, when a 
sense of magnanimity and justice will reconcile those States to accjuiesce 
jn a revision of this article, cspeclaily as a fair equivalent would result 
jjj them in the apportionment of taxes. 



17 

The next amendment relates to the admission of new States into the 
union. 

This amendment is deemed to be liighly important, and in fact indis- 
pensable. In proposing il, it is not intended to recognize the right of 
Congress to admit new States without the original liniils of (he United 
Slates, nor is any idea entertained of disturbing the tranquility of any 
State already admitted into the union. The object is merely to restrain 
the eonslilulional power of Congress in admitting new Slates. — At tlie 
adoption of the Constitution, a certain balance of power among the origi- 
nal parties was considered to exist, and there was at that time, and yet 
is among those parties, a strong affinity between their great and general 
interests. — By the admission of these States that balance has been ma- 
terially aft'eeted, and unless the practice be modified, must ultimately be 
destroyed. The Southern States will avail themselves of their new con- 
federates to govern the East, and finally the Western States nmltiplied 
in number, and augmented in population, will controul the interests of 
the whole. Thus for the sake of present power, the Southern States will 
be common suft'erers with the East, in the loss of permanent advanlages. 
None of the old States ican find an interest in creating pi-ematurely an 
overwhelming Western intluence, which may hereafter discern (as it; 
has heretofore) benefits to be derived to them bj wars and commercial 
restrictions. 

The next amendments proposed by the Convention, relate to the powers 
of Congress, in relation to Embargo and the interdiction of commercp. 

Whatever theories upon the subject of commerce, have hitherto divid- 
ed the opinions of statesmen, experience has at last shewn that it is a 
vital interest in the United States, and that its success is essential to ilu- 
encouragement of agriculture and manufactories, and to the wealth, liu- 
anees, defence, and liberty of the nation. Its welfare can never interfere 
with the other great interests of the State, but must promote and uphold 
them. Still those who are immediately concerned in the prosecution of 
commerce, will of necessity be always a minority of the nation. They 
are, however, best qualified to manage and direct its course by the ad- 
vantages of experience, and the sense of interest. But they are entireiy 
unable to protect themselves against the sudden and injudicious decisions 
of bare majorities, and the mistaken or oppressive projects of those who 
are not actively concerned in its pursuits. Of consequence, this interest 
is always exposed to be harassed, interrupted, and entirely destroyed, up- 
on pretence of securing other interests Had the merchants of this na- 
tion been permitted, by their own Government, to pursue an innocent and 
lawful commerce, how ditVerent would have been the state of the treas- 
ury and of public credit ! How short-sighted and miserable is tlie policy 
which has annihilated this order of men, and doomed their ships to rot 
in the docks, their capital to waste unemployed, and their ati'cctions to 
be alienated from the Government which was formed to protect them ! 
What security for an ample and unfailing revenue can ever be had, com- 
parable to that which once was realized in the good faith, punetualitv, 
and sense af honor, wliicli attached the mercantile class to the inlerc^t-s 
of the Government ! Without commerce, where can be found the ;iliment 
for a navy: and without a navy, what is to constitute the defence, ai!<l 
armament, and glory of this nation ! No union can be durably ceuiented, 
in which everv great interest docs not find itself reasonably secured a- 

c 



18 

gainst the cucroachiueiit ami combiiiatiuus of other interest. Wlicn, 
therefore, .tlie past system of embargoes and commercial restrictions shall 
have been reviewed — when the fluctuation and inconsistency of public 
measures, betraying a want of information as well as feeling in the ma- 
jority, shall have been considered,the reasonableness of some restrictions 
npon tlie power of a bare majority to repeat these oppressions, will ap- 
pear to l)e obvious. 

Th* next amendment proposes to restrict the power of making of- 
fensive war. In the consideration of this amendment, it is not necessa- 
ry to enquire into the justice of the pre&ent war. But one sentiment 
now exists in relation to its expediency, and regret for its declaration 
is nearly universal. No indemnity can ever be attained for this terri-' 
hie calamity, aud its only palliation must be found in obstacles to it? 
future recizrrence. Rarely can the state of this country call for or jus- 
tify offensive war. The genius of our institutions is unfavorable to its 
successful prosecution: tlie felicity of our situation exempts ns from its 
necessity. In this case, as in the former, those more imniediat*ly ox- 
posed to its fatal effects are a rainonty of the nati m. The commercial 
(owns, the shores of our seas and rivers, contain (he population, whose 
vital interests are most vulnerable i)y a foreign enemy. Agriculture, in- 
deed, must feel at l^st, but this appeal to its sensibility comes too late. 
Again, the iuiraeiise population, which has swarmed into the West, re- 
mote frora irnmediati; danger, and whicli is constantly augmenting, will 
not be averse from the occasional disturbances of the A'lantic states. 
Thus interest may not unfrcqueutly combine with passion and intrigue, 
to plunge the nation into needless wars, and compel it to become a mil- 
itary, ratiicr than a happy aud flourishing people. These considerations 
whicli it w ouul be easy to augment, call loudly for the limitation propos- 
ed in the amendment. 

Another amendment, subordinate in Importance, but still in a high de- 
force expedient, relates to the exclusion of foreigners, hereafter arriving 
i.i the United Slates, from the capacity of holding oflices of trust, honor 
or profit. 

That (he sfoek of population already in these States, is amply sufii- 
1 cient to reiulsr this nation in due time sufticiently great and powerful, 
I is not a contrnvertibls question — Nor will it be seriously pretended, that 
the niilional deficiency in wisdom, arts, science, arms or virtue, needs to 
he replenished from foreign countries. Slill, it is agreed, that a liberal 
policy sluiulduiler tlic rights of hospitality, and the choice of settlement 
to (hose who are disposed to visit the counlry. But why admit to a par- 
ti'.-ipation in the government aliens who were no parlies to the compact; 
w ho are ignorant of tlie luiture of our institutions, and have no slake in 
(he welfare of the country, hut what is recent and transitory t It is sure- 
ly a privilege suiueient to admit them after due probation (o become cit- 
izens, for all but political purposes. To extend it beyond these limits, 
is to encoiirage foreigners to come to tiicse states as candidates for pre- 
ferment. Tlic Coinenlion forbear to exjiress their opinion upon the in- 
iius;)ici!Uis efleets whicii have ali'eady resulted to the honour and peace 
(if this nalinii, fro!n this misplaced and indiscriminate liberality. 

The last amendmeut respects the limi(a(ion of the oSKce of President, 
!o a single constitutional term, and his eiig-ibiiity from the same State 
<«:i terms in si:ccession. 



1» 

Upon lliis topic, it is supcillumis to dilate. The love of power is a^ 
principle in the hnniun heart wliicli too o!'(cn impels to the nse of all 
praetieable means lo prolon;^ its duration, The olliee of President has 
charms and attractions which operate as powerful incentives to this pas- 
sion. The lirst and most natural exertion of a vast patronage is direct- 
ed towards the security of a new election. The interest of the country. 
the welfare of the peojile, even honest fame and respect for tiie opinion 
of posterity, are secondary considerations. All the cii'^ines of inlrii^ue ; 
all the means of corruption, are likely to lie employed for this ol)jecl. A 
President whose political career is limited lo a single eleclinn, may find 
no other interest than w ill be promoted hy niakinj; it i;lorious to himself 
and beneficial to his country. But the hope of re-election is prolific ol' 
temptations, under which these magnanimous motives ai'e deprived of 
their principal force. The repeated election of the President of the V. 
States fj'dm any one State, atj'ords imlucemeuts and means for intrii^ue, 
which tend to create an undue local influence, and to establish the d»ni ■ 
ination of particular States. The justice, therefore, of securing toevei'y 
Stale a fair and equal chance for the election of this olluer from its own 
citizens is appai'ent. and this object will be esscnlially promoted by pre- 
venting an election from tjiic same state t«icc in succession. 

Such is the general view wliich this Convention has thought properto, 
submit, of the situation of these States, of their dangers and their duties. 
Most of the subjects which it embraces have V'P^rately received an ample 
& luminous investigation, hy the great & able assertorsof theriglits of their 
country, in the National Legislature ; and nothing more could be attempt- 
ed on this occasion, than a digest of general principles, and of recom- 
mendations, suited to the present state of public aiiairs. The peculiar 
difliculty and delicacy of performing, even this uiiderlaking, will be ap- 
preciated by all who think seriously upon the crisis. Negnfiatious for 
Peace are at this hour supposed to be pending, the issue of «hich muse 
be deeply interesting to all. No measures should be adopted, whic'i 
might unfavorably affect that issue : none which sho!;ld embarrass the 
Administration, if their professed desire for pe:ice is sincere ; and none, 
which on supposition of their insinco'iiy, should afford them pretexts ior 
prolonging the war, or relieving themseh es from the re^p;lnsibi!ity of a 
dishonorable peace. It is also devoutly to be wished, that an occasion 
may be afforded to all friends of the country, of all parties, and in all 
places, to pause and consider the awful state to which pernicious coun- 
sels, and blind passions, have brought this people. The number of those 
who perceive, and who are ready lo retrace errors, must it is believed be 
yet suflicient to redeem the nation. It is necessary lo rally and unite 
them by the assurance that no hostility In the Conslitutiun is meditated, 
and to obtain their aid, in placing it under guardians, who alone can 
save it from destruction. 8iiould this iorlunate change be effected, the 
Jiope of happiness and honor may onee more dispel the surrounding 
gloom. Our nation may yd be great, our union durable. But should 
this prospect be utterly hopeless, the time will not havi? been lost, m hich 
shall have ripened a general sentiment of the necessity of more mighty 
cH'orts lo rescue from ruin, at least some portion of our beloved Country. 

Tlierefove. lieaolved — 

That i] lie and hereby is recommended to the liCgislatures of the sev- 
eral States I'i'prescntcd in this Couveittionj to adopt all such measures aa 



so 

may be necessary cffeciually to protect the citizens of said States from 
the operation and eftects of all acts which have been or may be passed 
by (lie (.'(ingress of the United States, which shall roiUaiii provisions, 
subjecting the militia or other citizens to forcible drafts, conscriptions, 
or impressments, not authorized by the Constitution of the U. States. 

Jlfsolved, That it be and liereby is recommended to the said Legisla- 
tures, to autliorize an immediate and earnest application to be made (o 
the Government of the United States, requesting their consent to some 
arrangement, m hereby tlie said States may, separately or in concert, be 
eni[(owered to assume upon themselves the defence of their territory a- 
,g;unst the enemy; and a reasonable portion of the taxes, collected with- 
in said States, may be paid into the respective treasuries thereof and ap- 
propriated to the payment of the balance due said States, and to the fu- 
ture defence of the same. The amount so paid into the said treasuries 
lo be credited, and the disbursements, made as aforesaid to be charged 
to the United States. 

Resolved, That it be, and hereby is, recommended to the Legislatures 
<if the aforesaid States, to pass laws (where it has not alreadv been done) 
authorizing the Governors or Commanders in chief of their militia to make 
detachments from the same or to form voluntary corps, as shall be most 
convenient and conformable to their Constitutions, and to cause the same 
to be well armed, equipped and disciplined, and held in readiness for 
service ; and upon the request of the Governour of either of the other 
States to employ the whole of such detachment or corps as well as the 
regular forces of the State, or such part thereof as may be required and 
can be spared consistently with the safety of the State, in assisting the 
State, making such request, to repel any invasion thereof which shall he 
made or attempted by the public enemy. 

Ilesolved, That the following amendments of the Constitution of the 
United States be recomniende<l to the Stales represented as aforesaid, to 
he proposed by them for adoption by the State Legislatures and in such 
eases as may be deemed expedient, by a Convention chosen by the people 
o f each State. 

And it is further recommended, (hat the said Sifites shall persevere in 
their eflijrts to obtain such amendments until the same shall be eft'ected. 

First. Representatives and direct taxes shall be apportioned among 
the several States which may be included within this union, according 
to their respective numbers of free persons, including those bound to 
serve for a term of years and excluding Indians not taxed, and all other 
persons. 

Second. No new State shall be admitted into the union by Congress 
in virtue of the power granted by the Constitution, without the concur- 
rence of two thirds of both Houses. 

Third. Congress shall not have power to lay any embargo on the 
ships or vessels of the citizens of the United States, in the ports or har- 
bours thereof, for more than sixty days. 

Fourth. Congress shall nut have power, Milhout the concnrrence of two 
thirds of both Houses, to intenliet the coniracrcial intercourse between the 
U. States and any fereign nation or the (Icpendciicies thereof. 

Fifth. Congress shall not make or declare war, or authorize ads of 
Hostility against any foreign nnliuii ■.vitliout ilic cuiicurrcnee of two thirds 



SI 

ofbotli Houses, except siieh acts of Iiostilily be in del'cuce of (lie Icrrilo- 
ries of llic United States wlieii iU'lui\ll_> invaded. 

Sixth. No person who sliall liereafter lie naturalized, shall lie elis;il)le 
as a member of the Senate or House of Representatives of tlie United 
Slates, nor capable of holding any civil eifiee under the autiiarity of the 

United States. , , ,t ■ ■ 

Seventlt. The same person shall not he elected President ol the Un ited 
Stales a second lime; nor shall the President be elected from the same 
State two U'rnis in succession. 

Resolved, That if ihe application of these States to the gorernment of 
tlie United States, recommended in a foregoing Resolution, should be un- 
successful, and peace should not be concluded, and the defence of ilicse 
States should be neglected, as it has been since the commencement of the 
war, it will in the opinion of this Convention be expedient for the Legis- 
latures of the several States to appoint Delegates to another Convention 
to meet at Boston, in tlie State of Massachusetts, on Ihe third Thursday 
of June next, with such powers and instructions as the exigency of a cri- 
sis so niomentons mav require. 

Resolved, That the Hon. George Cabof. the Hon. Chauncey Goodrich, 
and the ilon. Da.iiel Lyman, or any two of them be authorised to call an- 
other meeting of this Convention to be holden in Boston, at any time be- 
Ji re new Delegates shall be chosen, as recommended in the above reso- 
liMijn, if in their judgment the situation of the Country shall urgently 
require it. 

Hartford, January 4th, IStJ. 



George Cabot, 
William Prescott, 
Timothy Bis;plow, 
Samuel S. Wilde, 
.Stephen Lungfelloic, jr, 
HoJijah Baijiies, 
Chau^^cpy Ooodrich, 
John Treadwell, 
J^athaniel Smith, 
Jto^oi- ,}I Sherman, 
fAamuel Ward, 
Be II j a m i n Hazard, 
Mills OlcotU 



Jfathan Dune, 
' Harrison G. Otis, 
Joshua Thomas, 
Joseph Ltjman, 
Daniel Waldo, 
George Bliss, 
James Hillhouse, 
Zephaniah Swift, 
Calvin Goddard, 
Daniel Lyman, 
Edward JManton, 
Benjamin West, 
William Hall, jr. 



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